Full Text of HB0592 97th General Assembly
HB0592ham002 97TH GENERAL ASSEMBLY | Rep. Elizabeth Hernandez Filed: 3/2/2012
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| 1 | | AMENDMENT TO HOUSE BILL 592
| 2 | | AMENDMENT NO. ______. Amend House Bill 592 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Sections | 5 | | 10-22.6, 13A-3, 13A-4, 13A-11, and 34-19 as follows:
| 6 | | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
| 7 | | Sec. 10-22.6. Suspension or expulsion of pupils; school | 8 | | searches.
| 9 | | (a) To expel pupils guilty of gross disobedience or | 10 | | misconduct, including gross disobedience or misconduct | 11 | | perpetuated by electronic means, and
no action shall lie | 12 | | against them for such expulsion. Expulsion shall
take place | 13 | | only after the parents have been requested to appear at a
| 14 | | meeting of the board, or with a hearing officer appointed by | 15 | | it, to
discuss their child's behavior. Such request shall be | 16 | | made by registered
or certified mail and shall state the time, |
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| 1 | | place and purpose of the
meeting. The board, or a hearing | 2 | | officer appointed by it, at such
meeting shall state the | 3 | | reasons for dismissal and the date on which the
expulsion is to | 4 | | become effective. If a hearing officer is appointed by
the | 5 | | board he shall report to the board a written summary of the | 6 | | evidence
heard at the meeting and the board may take such | 7 | | action thereon as it
finds appropriate. An expelled pupil must | 8 | | may be immediately transferred to an alternative program in the | 9 | | manner provided in Article 13A or 13B of this Code , except | 10 | | those pupils expelled under the provisions of the federal | 11 | | Gun-Free Schools Act of 1994 . A pupil must not be denied | 12 | | transfer because of the expulsion, except in cases in which | 13 | | such transfer is deemed to cause a threat to the safety of | 14 | | students or staff in the alternative program.
| 15 | | (b) To suspend or by policy to authorize the superintendent | 16 | | of
the district or the principal, assistant principal, or dean | 17 | | of students
of any school to suspend pupils guilty of gross | 18 | | disobedience or misconduct, or
to suspend pupils guilty of | 19 | | gross disobedience or misconduct on the school bus
from riding | 20 | | the school bus, and no action
shall lie against them for such | 21 | | suspension. The board may by policy
authorize the | 22 | | superintendent of the district or the principal, assistant
| 23 | | principal, or dean of students of any
school to suspend pupils | 24 | | guilty of such acts for a period not to exceed
10 school days. | 25 | | If a pupil is suspended due to gross disobedience or misconduct
| 26 | | on a school bus, the board may suspend the pupil in excess of |
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| 1 | | 10
school
days for safety reasons. Any suspension shall be | 2 | | reported immediately to the
parents or guardian of such pupil | 3 | | along with a full statement of the
reasons for such suspension | 4 | | and a notice of their right to a review. The school board must | 5 | | be given a summary of the notice, including the reason for the | 6 | | suspension and the suspension length. Upon request of the
| 7 | | parents or guardian the school board or a hearing officer | 8 | | appointed by
it shall review such action of the superintendent | 9 | | or principal, assistant
principal, or dean of students. At such
| 10 | | review the parents or guardian of the pupil may appear and | 11 | | discuss the
suspension with the board or its hearing officer. | 12 | | If a hearing officer
is appointed by the board he shall report | 13 | | to the board a written summary
of the evidence heard at the | 14 | | meeting. After its hearing or upon receipt
of the written | 15 | | report of its hearing officer, the board may take such
action | 16 | | as it finds appropriate. A pupil who is suspended in excess of | 17 | | 20 school days must may be immediately transferred to an | 18 | | alternative program in the manner provided in Article 13A or | 19 | | 13B of this Code. A pupil must not be denied transfer because | 20 | | of the suspension, except in cases in which such transfer is | 21 | | deemed to cause a threat to the safety of students or staff in | 22 | | the alternative program.
| 23 | | (c) The Department of Human Services
shall be invited to | 24 | | send a representative to consult with the board at
such meeting | 25 | | whenever there is evidence that mental illness may be the
cause | 26 | | for expulsion or suspension.
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| 1 | | (d) The board may expel a student for a definite period of | 2 | | time not to
exceed 2 calendar years, as determined on a case by | 3 | | case basis.
A student who
is determined to have brought one of | 4 | | the following objects to school, any school-sponsored activity
| 5 | | or event, or any activity or event that bears a reasonable | 6 | | relationship to school shall be expelled for a period of not | 7 | | less than
one year: | 8 | | (1) A firearm. For the purposes of this Section, | 9 | | "firearm" means any gun, rifle, shotgun, weapon as defined | 10 | | by Section 921 of Title 18 of the United States Code, | 11 | | firearm as defined in Section 1.1 of the Firearm Owners | 12 | | Identification Card Act, or firearm as defined in Section | 13 | | 24-1 of the Criminal Code of 1961. The expulsion period | 14 | | under this subdivision (1) may be modified by the | 15 | | superintendent, and the superintendent's determination may | 16 | | be modified by the board on a case-by-case basis. | 17 | | (2) A knife, brass knuckles or other knuckle weapon | 18 | | regardless of its composition, a billy club, or any other | 19 | | object if used or attempted to be used to cause bodily | 20 | | harm, including "look alikes" of any firearm as defined in | 21 | | subdivision (1) of this subsection (d). The expulsion | 22 | | requirement under this subdivision (2) may be modified by | 23 | | the superintendent, and the superintendent's determination | 24 | | may be modified by the board on a case-by-case basis. | 25 | | Expulsion
or suspension
shall be construed in a
manner | 26 | | consistent with the Federal Individuals with Disabilities |
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| 1 | | Education
Act. A student who is subject to suspension or | 2 | | expulsion as provided in this
Section may be eligible for a | 3 | | transfer to an alternative school program in
accordance with | 4 | | Article 13A of the School Code. The provisions of this
| 5 | | subsection (d) apply in all school districts,
including special | 6 | | charter districts and districts organized under Article 34.
| 7 | | (d-5) The board may suspend or by regulation
authorize the | 8 | | superintendent of the district or the principal, assistant
| 9 | | principal, or dean of students of any
school to suspend a | 10 | | student for a period not to exceed
10 school days or may expel | 11 | | a student for a definite period of time not to
exceed 2 | 12 | | calendar years, as determined on a case by case basis, if (i) | 13 | | that student has been determined to have made an explicit | 14 | | threat on an Internet website against a school employee, a | 15 | | student, or any school-related personnel, (ii) the Internet | 16 | | website through which the threat was made is a site that was | 17 | | accessible within the school at the time the threat was made or | 18 | | was available to third parties who worked or studied within the | 19 | | school grounds at the time the threat was made, and (iii) the | 20 | | threat could be reasonably interpreted as threatening to the | 21 | | safety and security of the threatened individual because of his | 22 | | or her duties or employment status or status as a student | 23 | | inside the school. The provisions of this
subsection (d-5) | 24 | | apply in all school districts,
including special charter | 25 | | districts and districts organized under Article 34 of this | 26 | | Code.
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| 1 | | (e) To maintain order and security in the schools, school | 2 | | authorities may
inspect and search places and areas such as | 3 | | lockers, desks, parking lots, and
other school property and | 4 | | equipment owned or controlled by the school, as well
as | 5 | | personal effects left in those places and areas by students, | 6 | | without notice
to or the consent of the student, and without a | 7 | | search warrant. As a matter of
public policy, the General | 8 | | Assembly finds that students have no reasonable
expectation of | 9 | | privacy in these places and areas or in their personal effects
| 10 | | left in these places and areas. School authorities may request | 11 | | the assistance
of law enforcement officials for the purpose of | 12 | | conducting inspections and
searches of lockers, desks, parking | 13 | | lots, and other school property and
equipment owned or | 14 | | controlled by the school for illegal drugs, weapons, or
other
| 15 | | illegal or dangerous substances or materials, including | 16 | | searches conducted
through the use of specially trained dogs. | 17 | | If a search conducted in accordance
with this Section produces | 18 | | evidence that the student has violated or is
violating either | 19 | | the law, local ordinance, or the school's policies or rules,
| 20 | | such evidence may be seized by school authorities, and | 21 | | disciplinary action may
be taken. School authorities may also | 22 | | turn over such evidence to law
enforcement authorities. The | 23 | | provisions of this subsection (e) apply in all
school | 24 | | districts, including special charter districts and districts | 25 | | organized
under Article 34.
| 26 | | (f) Suspension or expulsion may include suspension or |
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| 1 | | expulsion from
school and all school activities and a | 2 | | prohibition from being present on school
grounds.
| 3 | | (g) A school district may adopt a policy providing that if | 4 | | a student
is suspended or expelled for any reason from any | 5 | | public or private school
in this or any other state, the | 6 | | student must complete the entire term of
the suspension or | 7 | | expulsion in an alternative school program under Article 13A of | 8 | | this Code or an alternative learning opportunities program | 9 | | under Article 13B of this Code before being admitted into the | 10 | | school
district if there is no threat to the safety of students | 11 | | or staff in the alternative program. This subsection (g) | 12 | | applies to
all school districts, including special charter | 13 | | districts and districts
organized under Article 34 of this | 14 | | Code.
| 15 | | (Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10; | 16 | | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; revised 9-28-11.)
| 17 | | (105 ILCS 5/13A-3)
| 18 | | Sec. 13A-3. Alternative schools.
| 19 | | (a) Except with respect to the Chicago public school system | 20 | | as provided in
Section 13A-11, beginning with the 1996-97 | 21 | | school year, there is hereby created
in this
State a system of | 22 | | alternative school education programs. At least one
| 23 | | alternative
school program must
may be located within each | 24 | | educational service region or established jointly
by more than | 25 | | one regional office of education to serve more than one
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| 1 | | educational service region.
| 2 | | (b) Each regional superintendent shall hold a public | 3 | | hearing, by December
1 of the school year following the | 4 | | effective date of this amendatory Act of
1995, to determine the | 5 | | need for an alternative school. The hearing shall be
held | 6 | | before the regional board. The regional
superintendent, after | 7 | | consulting with the district
superintendent of each school | 8 | | district located within the regional
superintendent's | 9 | | educational service region and the regional board, shall
| 10 | | determine the location and the need of
the alternative school | 11 | | within that region. In making this determination, the
regional | 12 | | superintendent shall consider the following:
| 13 | | (1) the possible utilization of existing buildings, | 14 | | including but not
limited to governmental buildings, that | 15 | | are,
or could reasonably be made, usable as an alternative | 16 | | school;
| 17 | | (2) which available option would be least costly; and
| 18 | | (3) distances that administratively transferred | 19 | | students would need to
travel and the costs of that travel.
| 20 | | (c) Upon determination of the need for establishment of an | 21 | | alternative
school program, each school district located | 22 | | within the region shall
provide the
regional superintendent | 23 | | with a copy of the district's discipline policy and
procedure | 24 | | for effecting the suspension or expulsion of the students of | 25 | | that
district. Thereafter, the regional superintendent in | 26 | | cooperation with a
representative from each school district in |
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| 1 | | the region shall establish and each
school district in the | 2 | | region shall adopt policies and procedures that shall
guide | 3 | | each district in the identification and placement of students | 4 | | in the
alternative school program.
| 5 | | (d) The regional superintendent shall locate the | 6 | | alternative school
program so that
it is as far away
from any | 7 | | other school buildings or school grounds in that educational | 8 | | service
region as circumstances
permit.
| 9 | | (e) With the approval of the State board, additional | 10 | | alternative school
programs may
be established in an | 11 | | educational service region. If the regional
superintendent | 12 | | determines that an additional alternative school is required in
| 13 | | the regional superintendent's educational service region, he | 14 | | or she may
petition the State board to
authorize one or more | 15 | | additional alternative school programs in
that region.
| 16 | | (f) In determining whether an additional alternative | 17 | | school program is
necessary and
appropriate for an educational | 18 | | service region requesting it, the State board
shall consider, | 19 | | among other factors, the following:
| 20 | | (1) the geographic size of the educational service | 21 | | region and distances
that students within that region must | 22 | | travel in order to attend the existing
alternative school | 23 | | program;
| 24 | | (2) the student population of schools comprising the | 25 | | educational service
region and the likely student | 26 | | population of all alternative school programs
within that
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| 1 | | region if the petition is granted;
| 2 | | (3) any other logistical considerations; and
| 3 | | (4) the costs necessitated by establishing an | 4 | | additional alternative
school in that educational service | 5 | | region.
| 6 | | (g) In the event the State board grants a petition for an | 7 | | additional
alternative school program, then the State board, | 8 | | after consulting the
regional
superintendent, shall decide | 9 | | where the additional alternative school
program shall be
| 10 | | located within that region.
| 11 | | (Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96.)
| 12 | | (105 ILCS 5/13A-4)
| 13 | | Sec. 13A-4. Administrative transfers. A student who is | 14 | | determined to be
subject to suspension or expulsion or who is | 15 | | suspended or expelled, in the manner provided by Section | 16 | | 10-22.6
(or,
in the case of a student enrolled in the public | 17 | | schools of a school district
organized under Article 34, in | 18 | | accordance with the uniform system of discipline
established | 19 | | under Section 34-19) , must may be
immediately transferred to | 20 | | the alternative program. At the earliest time
following that | 21 | | transfer appropriate personnel from the sending school | 22 | | district
and appropriate personnel of the alternative program | 23 | | shall meet to develop an
alternative education plan for the | 24 | | student. The student's parent or guardian
shall be requested to | 25 | | appear at invited to this meeting. This request must be made by |
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| 1 | | certified mail or delivered in person and shall state the date, | 2 | | time, place, and purpose of the meeting. The student may be | 3 | | invited. The alternative
educational plan shall include, but | 4 | | not be limited to all of the following:
| 5 | | (1) The duration of the plan, including a date after | 6 | | which the student may
be returned to the regular | 7 | | educational program in the public schools of the
| 8 | | transferring district. If the parent or guardian of a | 9 | | student
who is scheduled to be returned to the regular | 10 | | education program in the public
schools of the district | 11 | | files a written objection to the return with the
principal | 12 | | of the alternative school, the matter shall be referred by | 13 | | the
principal to the regional superintendent of the | 14 | | educational service region in
which the alternative school | 15 | | program is located for a hearing. Notice of
the hearing
| 16 | | shall be given by the regional superintendent to the | 17 | | student's parent or
guardian. After the hearing, the | 18 | | regional superintendent may take such action
as he or she | 19 | | finds appropriate and in the best interests of the student. | 20 | | The
determination of the regional superintendent shall be | 21 | | final.
| 22 | | (2) The specific academic and behavioral components of | 23 | | the plan.
| 24 | | (3) A method and time frame for reviewing the student's | 25 | | progress.
| 26 | | Notwithstanding any other provision of this Article, if a |
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| 1 | | student for whom an
individualized educational program has been | 2 | | developed under Article 14 is
transferred to an alternative | 3 | | school program under this Article 13A, that
individualized | 4 | | educational program shall continue to apply to that student
| 5 | | following the transfer unless modified in accordance with the | 6 | | provisions of
Article 14.
| 7 | | (Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96.)
| 8 | | (105 ILCS 5/13A-11)
| 9 | | Sec. 13A-11. Chicago public schools.
| 10 | | (a) The Chicago Board of Education shall may
establish | 11 | | alternative schools within Chicago and may contract with third
| 12 | | parties for services otherwise performed by employees, | 13 | | including those in a
bargaining unit, in accordance with | 14 | | Sections 34-8.1, 34-18, and 34-49.
| 15 | | (b) Alternative schools operated by third parties within | 16 | | Chicago shall be
exempt from all provisions of the School Code, | 17 | | except provisions concerning:
| 18 | | (1) Student civil rights;
| 19 | | (2) Staff civil rights;
| 20 | | (3) Health and safety;
| 21 | | (4) Performance and financial audits;
| 22 | | (5) The Illinois Goals Assessment Program;
| 23 | | (6) Chicago learning outcomes;
| 24 | | (7) Sections 2-3.25a through 2-3.25j of the School | 25 | | Code;
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| 1 | | (8) The Inspector General; and
| 2 | | (9) Section 34-2.4b of the School Code.
| 3 | | (Source: P.A. 89-383, eff. 8-18-95; 89-636, eff. 8-9-96.)
| 4 | | (105 ILCS 5/34-19) (from Ch. 122, par. 34-19) | 5 | | Sec. 34-19. By-laws, rules and regulations; business | 6 | | transacted at
regular meetings; voting; records. The board | 7 | | shall, subject to the limitations
in this Article, establish | 8 | | by-laws, rules and regulations, which shall have the
force of | 9 | | ordinances, for the proper maintenance of a uniform system of
| 10 | | discipline for both employees and pupils, and for the entire | 11 | | management of the
schools, and may fix the school age of | 12 | | pupils, the minimum of which in
kindergartens shall not be | 13 | | under 4 years, except that, based upon an assessment of the | 14 | | child's readiness, children who have attended a non-public | 15 | | preschool and continued their education at that school through | 16 | | kindergarten, were taught in kindergarten by an appropriately | 17 | | certified teacher, and will attain the age of 6 years on or | 18 | | before December 31 of the year of the 2009-2010 school term and | 19 | | each school term thereafter may attend first grade upon | 20 | | commencement of such term, and in grade schools shall not be
| 21 | | under 6 years. It may expel, suspend or, subject to the | 22 | | limitations of all
policies established or adopted under | 23 | | Section 14-8.05, otherwise discipline any
pupil found guilty of | 24 | | gross disobedience, misconduct or other violation of the
| 25 | | by-laws, rules and regulations, including gross disobedience |
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| 1 | | or misconduct perpetuated by electronic means. An expelled | 2 | | pupil must may be immediately transferred to an alternative | 3 | | program in the manner provided in Article 13A or 13B of this | 4 | | Code , except those pupils expelled under the provisions of the | 5 | | federal Gun-Free Schools Act of 1994 . A pupil must not be | 6 | | denied transfer because of the expulsion, except in cases in | 7 | | which such transfer is deemed to cause a threat to the safety | 8 | | of students or staff in the alternative program. A pupil who is | 9 | | suspended in excess of 20 school days must may be immediately | 10 | | transferred to an alternative program in the manner provided in | 11 | | Article 13A or 13B of this Code. A pupil must not be denied | 12 | | transfer because of the suspension, except in cases in which | 13 | | such transfer is deemed to cause a threat to the safety of | 14 | | students or staff in the alternative program. The bylaws, rules | 15 | | and regulations of the board
shall be enacted, money shall be | 16 | | appropriated or expended, salaries shall be
fixed or changed, | 17 | | and textbooks, electronic textbooks, and courses of | 18 | | instruction shall be adopted or
changed only at the regular | 19 | | meetings of the board and by a vote of a
majority of the full | 20 | | membership of the board; provided that
notwithstanding any | 21 | | other provision of this Article or the School Code,
neither the | 22 | | board or any local school council may purchase any textbook for | 23 | | use in any public school of the
district from any textbook | 24 | | publisher that fails to furnish any computer
diskettes as | 25 | | required under Section 28-21. Funds appropriated for textbook | 26 | | purchases must be available for electronic textbook purchases |
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| 1 | | and the technological equipment necessary to gain access to and | 2 | | use electronic textbooks at the local school council's | 3 | | discretion. The board shall be further
encouraged to provide | 4 | | opportunities for public hearing and testimony before
the | 5 | | adoption of bylaws, rules and regulations. Upon all | 6 | | propositions
requiring for their adoption at least a majority | 7 | | of all the members of the
board the yeas and nays shall be | 8 | | taken and reported. The by-laws, rules and
regulations of the | 9 | | board shall not be repealed, amended or added to, except
by a | 10 | | vote of 2/3 of the full membership of the board. The board | 11 | | shall keep
a record of all its proceedings. Such records and | 12 | | all
by-laws, rules and regulations, or parts thereof, may be | 13 | | proved by a copy
thereof certified to be such by the secretary | 14 | | of the board, but if they are
printed in book or pamphlet form | 15 | | which are purported to be published by
authority of the board | 16 | | they need not be otherwise published and the book or
pamphlet | 17 | | shall be received as evidence, without further proof, of the
| 18 | | records, by-laws, rules and regulations, or any part thereof, | 19 | | as of the
dates thereof as shown in such book or pamphlet, in | 20 | | all courts and places
where judicial proceedings are had. | 21 | | Notwithstanding any other provision in this Article or in | 22 | | the School
Code, the board may delegate to the general | 23 | | superintendent or to the
attorney the authorities granted to | 24 | | the board in the School Code, provided
such delegation and | 25 | | appropriate oversight procedures are made pursuant to
board | 26 | | by-laws, rules and regulations, adopted as herein provided, |
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| 1 | | except that
the board may not delegate its authorities and | 2 | | responsibilities regarding (1)
budget approval obligations; | 3 | | (2) rule-making functions; (3) desegregation
obligations; (4) | 4 | | real estate acquisition, sale or lease in excess of 10 years
as | 5 | | provided in Section 34-21; (5) the levy of taxes; or (6) any | 6 | | mandates
imposed upon the board by "An Act in relation to | 7 | | school reform in cities over
500,000, amending Acts herein | 8 | | named", approved December 12, 1988 (P.A.
85-1418). | 9 | | (Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10; | 10 | | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; revised 9-28-11.)".
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